Archived
I just filed chp 13 its the last month of the year and I would like to keep my tax refund when i file. Should convert to 7?
Walter's answer
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Answered on December 04, 2012
You SHOULD be able to keep 11/12 of the refund in chapter 13 if you've exempted it. There SHOULD be no difference between chapter 7 and chapter 13...
Archived
What if my final chapter 13 payment is one week late?
Walter's answer
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Answered on December 04, 2012
Most chapter 13 trustees are quite forgiving of payments that are even as much as a month late. Your particular trustee may be an ogre, so call...
Archived
Have you or any attorney you know successfully had student loans discharged in bankruptcy under the undue hardship exception?
Walter's answer
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Answered on December 04, 2012
I have success in this situation, but expect a paid attorney to want about $10,000 to litigate the issue because it will probably be hotly...
Archived
I need to modify my chapter 13 bankruptcy payments to the Trustee.
Walter's answer
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Answered on December 04, 2012
There are three options here: dismiss your case, convert it to chapter 7, or seek a hardship discharge. You will need individualized advice from an...
Archived
We are in the process of filing bankruptcy. We started this process 6 mths. ago.
Walter's answer
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Answered on November 30, 2012
I suggest that you call the Bankruptcy Clerk in Kansas City at 816-512-1800 to ask whether there is a pending bankruptcy case for you and, if so,...
Archived
Chapter 13 Trustee
Walter's answer
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Answered on November 21, 2012
Yes, you can complain. The judge may think you're just being petulant, though. I advise patience.
Archived
Ch 13. I made a mistake when filing proof of claim? Do I just complete another one?
Walter's answer
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Answered on November 20, 2012
File another one, and check the box to indicate it's an amended claim. You will need the number assigned to your original POC, which the clerk may...
Archived
I was discharged from bankruptcy & received a notice of deposition. Should I seek counsel for the hearing?
Walter's answer
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Answered on November 14, 2012
A bankruptcy discharge does not eliminate a debtor's duty to provide discovery in a lawsuit.
Archived
Trustee's answer Brief . is OUTRIGHT BLACK LIE.
Should I file a Motion to convict for PERJURY? OBSTRUCTION OF JUSTICE?
Walter's answer
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Answered on November 13, 2012
Action? You should retain an attorney. Your emotional reaction to what is almost certainly merely an advocacy position taken by your adversary is...
Archived
Do we need to seek legal council?
Walter's answer
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Answered on November 10, 2012
You should redouble your efforts to speak with your bankruptcy attorney because your obligations may be a matter of Indiana law. In my state,...
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